When most people think about personal injury claims, they focus on the physical injuries sustained in accidents. However, another aspect that can be just as significant but less visible is the emotional distress that follows a traumatic incident. While physical injuries may heal with medical treatment, the psychological toll of an accident can linger for much longer. In personal injury claims, emotional distress is often a crucial factor in determining the total compensation a victim deserves, yet it is frequently overlooked or underestimated.
For those filing personal injury claims in Phoenix, AZ, it is important to recognize that emotional distress can have a significant impact on both the victim’s life and the final compensation settlement. A personal injury attorney can help victims understand their rights and seek fair compensation for not only physical injuries but also for the emotional pain they may endure.
What Is Emotional Distress?
Emotional distress refers to the psychological impact that an accident or traumatic event can have on a victim. While physical injuries are more straightforward to diagnose and treat, emotional distress can manifest in a variety of ways and is often harder to quantify. Common symptoms of emotional distress following an accident include:
- Anxiety: Victims may develop anxiety, particularly if the injury was caused by another person’s negligence. This could include fear of driving after a car accident, fear of being in public places, or anxiety related to ongoing medical treatments.
- Depression: A significant emotional response to an injury can be depression. The loss of normal function, physical pain, and the limitations imposed by an injury can contribute to a diminished quality of life, leading to feelings of sadness, hopelessness, and helplessness.
- Post-Traumatic Stress Disorder (PTSD): In more severe cases, victims may experience PTSD, a mental health condition triggered by the traumatic event. Flashbacks, nightmares, and the inability to function normally are signs of PTSD, often associated with accidents that cause significant physical and emotional harm.
- Loss of Enjoyment of Life: Personal injuries can prevent victims from engaging in activities they once enjoyed. Whether it’s not being able to participate in hobbies, work, or social events, the loss of enjoyment can take an emotional toll that impacts mental well-being.
The Role of Emotional Distress in Personal Injury Claims
While emotional distress is intangible and difficult to measure, it is an important part of many personal injury claims. When filing a personal injury claim, victims are entitled to compensation for both their economic and non-economic damages. While economic damages cover medical bills, lost wages, and other tangible financial losses, non-economic damages, which include emotional distress, compensate for the more subjective impacts of an injury.
1. Emotional Distress as a Non-Economic Damage
Emotional distress is categorized as non-economic damages in a personal injury case. These damages are more subjective and can include pain and suffering, loss of companionship, and the emotional toll of the injury. Unlike economic damages, which have clear dollar amounts attached to them, non-economic damages require careful consideration of the victim’s mental and emotional suffering.
For example, a victim who has suffered from long-term anxiety and depression after a car accident may be entitled to compensation for these mental health issues, even if the physical injuries have healed. Similarly, someone who has been affected by post-traumatic stress disorder due to a traumatic event may seek compensation for the ongoing emotional challenges they face.
2. Proving Emotional Distress
To include emotional distress in a personal injury claim, it is important to provide evidence that demonstrates the psychological impact of the injury. This may include:
- Medical records showing treatment for anxiety, depression, PTSD, or other emotional issues related to the injury.
- Testimony from a psychologist or psychiatrist who can speak to the emotional toll the injury has had on the victim.
- Personal testimony from the victim, friends, and family, describing how the injury has affected their quality of life, relationships, and mental health.
A local personal injury lawyer will help gather this evidence and work with medical professionals to strengthen the case for emotional distress.
How Emotional Distress Impacts Compensation
In Phoenix, AZ, the impact of emotional distress on personal injury compensation can vary depending on the specifics of the case. In general, non-economic damages like emotional distress are factored into the overall compensation award, though these amounts are often subject to the discretion of the judge or jury.
When considering emotional distress, courts will typically look at several factors:
- The severity of the injury: More severe injuries that lead to significant emotional distress will generally result in higher compensation.
- The duration of emotional suffering: If the victim is expected to experience long-term emotional pain, such as ongoing anxiety or depression, compensation may be higher to account for these future effects.
- The impact on the victim’s quality of life: Emotional distress that leads to a loss of enjoyment of life, such as the inability to engage in social activities or work, may increase the amount of non-economic damages awarded.
While it may be difficult to pinpoint an exact dollar amount for emotional distress, a personal injury attorney will work to ensure that this component of the injury is adequately represented in the compensation request.
Seeking Help from a Personal Injury Attorney
If you’ve suffered from emotional distress due to a personal injury in Phoenix, AZ, it’s important to consult with a personal injury attorney who can guide you through the claims process. A reliable law firm can help assess the emotional impact of your injury and work to ensure you receive fair compensation for your suffering.
Victims of personal injuries may not only deal with physical pain but also the long-term emotional effects of their experience. A local personal injury lawyer will help you gather evidence, connect with medical professionals, and present a strong case for emotional distress as part of your personal injury claim.
Contact Folger Law Firm today to discuss your case with an experienced attorney who understands the complexities of emotional distress in personal injury claims. Let them assist you in seeking the compensation you deserve for your physical and emotional suffering.
